News & Analysis as of

Standing Contract Terms

Womble Bond Dickinson

Federal Circuit Reversal in Assignment Clause Case Highlights Importance of Contract Language in Intellectual Property Ownership

Womble Bond Dickinson on

In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and...more

McGlinchey Stafford

Is One Text Message Enough? - McGlinchey Commercial Law Bulletin - July 31, 2023

McGlinchey Stafford on

Vacating an Arbitration Award- The Bullet Point: Ohio’s Arbitration Act strongly favors arbitration. Because of this, Ohio’s Arbitration Act limits the jurisdiction of a court once an arbitration has been conducted. It also...more

McGlinchey Stafford

When Do I Need to Establish Article III Standing? - McGlinchey Commercial Law Bulletin - May 2023

McGlinchey Stafford on

Ohio- Agent’s Liability Under Contract- Nat’l Church Residences v. Kessler, 3rd Dist. Union, No. 2023-Ohio-1437. The Third Appellate District reversed the trial court’s decision to grant the plaintiff summary judgment,...more

Gray Reed

Long-Running Texas Boundary Dispute Continues

Gray Reed on

Ellison v. Three Rivers Acquisition LLC et al., on remand from the Texas Supreme Court, is the third round of a boundary dispute between mineral lessees in Irion County.   For the history of Ms. Ellison’s odyssey from...more

Gray Reed

Texas Mineral Deed Signed Away Right to Sue

Gray Reed on

The question in litigation is usually “WHAT”: what happened, what contract was breached, what did someone do or fail to do, and so on. In Hughes v. CJM Resources, LP, the question was, “WHO” had the right to file the suit in...more

Cadwalader, Wickersham & Taft LLP

Further Developments in Mezzanine Foreclosures

The New York State Supreme Court, New York County Commercial Division (the “Court”) decided in U.S. Bank, N.A. v. 342 Property LLC, on February 14, 2022, that a mezzanine lender that is not a party to loan documents that...more

Morgan Lewis

Out-of-the-Money Junior Creditors Cannot Participate in the Bankruptcy Process

Morgan Lewis on

Subordination agreements are generally enforced in accordance with applicable non-bankruptcy law in bankruptcy cases. The decision in In re Fencepost Productions, Inc., No. 19-41542, 2021 WL 1259691 (Bankr. D. Kan. Mar. 31,...more

Gray Reed

Contaminated Butane and Propane Creates Fight Over General Terms and Conditions

Gray Reed on

Enterprise Products Operating v. Trafigura, A G. asks, Who should pay when a “black blob” that had “the stench of a skunk” was left behind after $27 million worth of an odorless product is delivered from a ship?...more

Payne & Fears

Key California Employment Law Cases: July 2020

Payne & Fears on

Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more

Farrell Fritz, P.C.

Unauthorized Certificate of Revival Dooms Delaware LLC’s Claims Against Former Managing Members

Farrell Fritz, P.C. on

The proverb “All for the want of a horseshoe nail” aptly describes the possibly mortal blow dealt by the Appellate Division’s recent decision in Favourite Ltd. v Cico, 2020 NY Slip Op 01463 [1st Dept Mar. 3, 2020], to a...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

Carlton Fields on

Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

Best Best & Krieger LLP

Only A Contracting Party May Sue Under Government Code Section 1092

Calif. Supreme Court: San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego - Only a party to a contract may bring a legal action under Government Code section 1092 to invalidate...more

Farrell Fritz, P.C.

Beneficiary To A Trust Lacks Standing To Collect Unpaid Debt

Farrell Fritz, P.C. on

The poet, Robert W. Service once wrote that “a promise made is a debt unpaid.” The question that remains is: Who gets to collect on that unpaid debt?...more

Genova Burns LLC

Appellate Division Rules Independent Contractor Agreements Signed by Driver’s Corporation Not Bullet Proof Against Class Action...

Genova Burns LLC on

On October 29, 2018 a N.J. Appellate Division panel reversed a dismissal of class action overtime pay claims brought against a freight-forwarding company that convinced the lower court that the company’s drivers and...more

Gray Reed

Attempt to Prove a Texas Partnership Fails

Gray Reed on

Like breaking into CIA headquarters, sneaking into the Vatican, or hanging off the side of the Burj Khalifa, sometimes getting the deal done seems impossible. The key to any successful mission is planning for disastrous...more

Patterson Belknap Webb & Tyler LLP

Judge Sweet Holds that Standing Question Cannot Be Resolved Until Trial

On September 14, 2017, District Judge Robert W. Sweet (S.D.N.Y.) denied the motion of Ferring B.V., et al. (“Ferring”) to dismiss for lack of standing a patent infringement suit brought by Allergan, Inc., et al. (“Allergan”)....more

Patterson Belknap Webb & Tyler LLP

If You Don’t Hold the Bond, You Can’t Sue for Fraud

Commercial Division Justice Eileen Bransten recently concluded that plaintiff bondholders lacked standing to bring fraud claims against the bond obligor and trustee after having sold their interests in the bonds. One William...more

Goodwin

Ninth Circuit Adopts Broad Interpretation of Spokeo and Article III Standing Requirement

Goodwin on

On Monday, January 30, 2017, the Court of Appeals for the Ninth Circuit held in Van Patten v. Vertical Fitness Group, LLC, No. 14-55980, that the plaintiff’s allegation that he received unsolicited text messages in violation...more

Locke Lord LLP

Supreme Court Ruling Emphasizes Need for Plan Monitoring

Locke Lord LLP on

It appears court decisions frequently impact retirement plans. Starting with the U.S. Supreme Court, what impact will its recent ruling — confirming the ability of 401(k) participants to challenge high-cost investment options...more

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